Morris County NJ Possession of a Weapon for an Unlawful Purpose Attorney
Weapons Charges Defense Lawyers in Morristown, New Jersey
We understand how easy it is for a person to be charged with possession of a weapon for unlawful purposes in NJ. This is because practically anything can be considered a “weapon” under the NJ criminal code. Morris County NJ prosecutors have construed weapons offense laws to classify guns, knives, bats, pipes, razor blades, brass knuckles, slingshots, and bottles as “weapons.” Practically any altercation involving an object can lead to a charge of possession of a weapon for an unlawful purpose, a charge that carries severe penalties.
You could be facing serious prison time, so you are going to want to speak with a Morris County NJ possession of a weapon for unlawful purposes attorney. The battle-tested criminal defense team at the Tormey Law Firm has handled thousands of cases in superior courts and municipal courts throughout NJ. Travis J. Tormey, the firm’s founding partner, has successfully defended many clients charged with illegal gun offenses, including possession of a weapon for an unlawful purpose, unlawful possession of a weapon, and unlawful disposition of a firearm.
Here is Christopher Perry, one of the firm’s partners, quoted in the Bergen Record regarding gun rights in New Jersey.
With an office conveniently located in Morristown NJ, Mr. Tormey is available 24 hours a day at 866-949-6948 to speak to you about your case and to provide a free consultation.
Possession of a Weapon for an Unlawful Purpose in New Jersey
In New Jersey, N.J.S.A. 2C:39-4 governs charges for possession of a weapon for an unlawful purpose. The statute provides, in pertinent part:
(1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
(2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.
b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.
e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.
Possession of a Weapon for an Unlawful Purpose Penalties in NJ
Morris County NJ prosecutors often seek to impose the maximum penalties in weapons offense cases. Depending on the circumstances, possession of a weapon for an unlawful purpose can be classified as a second degree, third degree, or fourth degree offense.
A second degree charge applies to firearms. The charge can lead to the harshest penalties under the statute. If you are convicted of possession of a weapon for an unlawful purpose, you could be exposed to:
- A term of imprisonment ranging from five (5) to ten (10) years in NJ State Prison.
- A presumption of incarceration. Even if you have no prior criminal record, a conviction means that you will be going to prison.
- A mandatory period of parole ineligibility. Because the offense falls under the Graves Act, a conviction means that you will not be eligible for parole for at least three (3) years.
A third degree charge applies to weapons other than firearms. This charge has a range of three (3) to five (5) years in state prison, and it does not contain a presumption of imprisonment.
A fourth degree charge applies to imitation firearms. This charge is the least serious, but it still exposes the defendant to up to 18 months in state prison if convicted.
Superior Results in Morris County NJ Gun Cases
If you or a loved one has been charged with an illegal firearm offense in Morris County NJ, Travis J. Tormey can help. Here are a few of the weapons case results that Mr. Tormey has recently secured for his clients:
- A United States Marine and his wife were charged with illegal gun possession in Morris County NJ. This was a Graves Act offense requiring jail time and parole ineligibility. Mr. Tormey was able to get the defendants admitted into the Pre-Trial Intervention (PTI) program, sparing them a criminal record.
- A United States Marine was charged with illegal weapons possession in Hudson County NJ. Despite the crime being classified as a Graves Act offense, Mr. Tormey was able to get the defendant sentenced to probation and no jail time.
- An 18-year-old kid and his friend were charged with illegal weapons possession when visiting Cape May NJ while on vacation from their home state of Pennsylvania. Mr. Tormey was able to get the defendants admitted into the Pre-Trial Intervention (PTI) program, resulting in no criminal record.
Contact a Roxbury NJ Weapons Possession Lawyer for Immediate Assistance
Travis J. Tormey has an extremely impressive record of successfully defending clients charged with weapons offenses in NJ. We possess the knowledge needed to combat the prosecution’s loose interpretation of the statute. We are prepared to raise the most effective defenses, such as arguing that you possessed the weapon for purposes of self-protection and therefore did not intend to use it for “an unlawful purpose.”
If you’ve been charged with possession of a weapon for an unlawful purpose, do not wait to speak to an experienced criminal defense lawyer. You can reach the Tormey Law Firm anytime toll free at 866-949-6948, or you can use the online contact form to schedule a free consultation.